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CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 1244 Lincolnway East South Bend, IN 46613 DOWNERS -- Dr. Ulrich Klopfer DESIGNATION -- Lincolnway East LHD STATEMENT OF SIGNIFICANCE/HSTORIC CONTEXT_ 1244 Lincolnway East is a Contributing (C/10) structure in the Lincolnway East Local Historic District. The house was built in 1898 and is a Queen Anne -styled residence. The house has undergone major alterations but retains sufficient historic fabric overall to remain an important element of the historic district streetscape. PROPOSED CHANGE The South Bend Department of. Code Enforcement has proposed demolishing this structure. Code Enforcement has determined that, according to Indiana Law, the property is "unsafe." Code Enforcement has submitted photographs (enclosed) and an "Exterior Code Violations List," dated variously from 8-25-93 to 1-6-93, that lists maintenance problems cited by inspectors (this is a fairly large document; it will be available for HPC inspection at the hearing). STANDARDS HPC Demolition Standards disfavor demolition in historic districts and require the owner to prove that it is economically unfeasible to repair the property appropriately. S`ection:,21-113.2 _.(2) of -South Bend Cod.q (Article 6.5 Historic Preservation Commission) states that "[n]othing in this article shall be construed to prevent the demolition ... of any building ... which the Building Commissioner or other official having such power may certify as required by the public safety because of an unsafe or dangerous condition." This section continues: J w]here the Historic Preservation commission deems it necessary, the Commission may petition the Common Council for a temporary delay in the issuance of the required permit(s) for proposed ... demolition for -the purpose of preparing a preservation plan for said landmark. Such petition must be for a specified period of time. The Common Council shall grant the commissions petition when it finds,; a. That such action will not cause the owner of the subject property to suffer hardship; and b. That such a delay will not be injurious to the public health, safety or welfare; and c. That in keeping with the intent of this article, such action is necessary and appropriate. In no case may the delay granted by the Common Council. exceed one (1) year, but the Commission may petition the Common Council for a continuation of any delay granted by the Common Council in accordance with the same procedures set forth above for the initial appeal." 0 RECOMMENDATIONS It the staffs recommendation that the HPC deny this COA for demolition and 1